The bequest to Ibn Mat, who died with his father in an accident
Machine translationRead the Arabic original
Question:
The father made a bequest to his son before his death, but when he died, this father and this son died together in the accident. Does this bequest become void because he became the killer of his father? Does he inherit, or is the bequest valid for him?
Answer:
This is not a separate case if the accident was due to the driver’s negligence, or because he does not know how to drive, or because he was speeding, or because he did not check the car and it had a defect, or if he was honest with people but they hit him, or if he does not know how to drive or drives badly. In this case, his killing is considered accidental, and he is not barred from inheritance. However, the bequest is void because its maker died. And his share? Yes, he died with his father, not after his father, so that he could take his inheritance. Rather, he died with his father at the same time, so the bequest is void.
The father made a bequest to his son before his death, but when he died, this father and this son died together in the accident. Does this bequest become void because he became the killer of his father? Does he inherit, or is the bequest valid for him?
Answer:
This is not a separate case if the accident was due to the driver’s negligence, or because he does not know how to drive, or because he was speeding, or because he did not check the car and it had a defect, or if he was honest with people but they hit him, or if he does not know how to drive or drives badly. In this case, his killing is considered accidental, and he is not barred from inheritance. However, the bequest is void because its maker died. And his share? Yes, he died with his father, not after his father, so that he could take his inheritance. Rather, he died with his father at the same time, so the bequest is void.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/102 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:06:01)
The Arabic text is a machine transcription of the audio recording.
